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(영문) 수원지방법원 안산지원 2015.07.03 2015고단986
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 9, 2013, the Defendant prepared and submitted an application for loan transaction with the content that the Defendant borrowed KRW 30,000,000 at a interest rate of 9.2% per year to the employees of the future life insurance company in front of the Defendant’s residence located in Ansan-si, Busan-si., the Seoul-si.

However, the fact was that the defendant paid the debt of KRW 60,00,000 by the so-called "credit card return prohibition", and even though the five business days prior to the execution of the loan took an oath not to implement the loan at another financial institution, the defendant was given the above KRW 43,285,00 from two financial institutions, such as Hyundai Capital on the day of lending the above KRW 30,00,000 from the victim, there was no intention or ability to repay the loan even if he received the loan from the victim.

The defendant was transferred 30,000,000 won to a new bank account under the name of the defendant, under the pretext of loans from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The application of the Acts and subordinate statutes regarding filing of a complaint, applications for loan transactions, loan transaction agreements, and credit information inquiries;

1. The crime of this case committed by the Defendant for the reason of imprisonment with labor under the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act regarding the crime of this case is subject to credit loans from the victim and other lending companies in order to repay the existing credit card debt, and the Defendant has no record of criminal punishment and has divided his mistake, but the sentence is inevitable as he did not actually pay for any damage. Thus, the sentence is determined

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